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122 Demont, #274 <br />Abatement Agreement <br />8. Owner also acknowledges and agrees that the costs to be assess if City completes <br />the Corrective Actions shall include, but not be limited to, contract costs, material costs, city <br />staff time, administrative expenses associated with drafting this agreement, contract procurement <br />and oversight, legal fees, permit fees, or any other out of pocket expenses necessary to complete <br />the Corrective Actions and /or obtain compliance with this agreement. If is further understood <br />that costs to be assessed shall also include interest of six percent (6 %) per annum. <br />9. As an explicit condition of this Abatement Agreement, Owner waives any and all <br />rights to contest the terms of said agreement, the manner the City utilizes to complete the <br />Corrective Actions should owner not comply with Provision #6 of this agreement, and the <br />assessment of costs. Furthermore, Owner shall have no claim against the City and its officers <br />and employees for damages sustained or costs incurred resulting from City completion of <br />Corrective Actions. <br />10. The Owner agrees to indemnify, defend and hold harmless the City, its agents and <br />employees from any claim, demand, suit, action or other proceeding whatsoever by any person <br />for any loss or damage to property or any injury to or death of any person resulting from any <br />actions of the Owner, or her agents or contractors. <br />11. This Abatement Agreement cannot he assigned or transferred. <br />12. There is no intent to benefit any third parties and third parties shall have no recourse <br />against the City under this agreement. <br />13. The Owner shall reimburse the City for all costs incurred by the City in defense or <br />enforcement of this Abatement Agreement, or any portion thereof, including court costs and <br />reasonable engineering and attorneys' fees. <br />14. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br />Abatement Agreement is for any reason held to be invalid by a court of competent jurisdiction, <br />such decision shall not affect or void any of the other provisions of the Abatement Agreement. <br />15. The action or inaction of City shall not constitute a waiver or amendment to the <br />provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed <br />4 <br />